Jury Awarded Family Close to $5.8 Million in Malpractice Case

Posted on Aug 21, 2012 12:00am PDT

Recently, a Superior Court in Middlesex County, Mass. awarded the family
of Robby Lee Ward $3.74 million in damages in a medical malpractice suit.
In this case, it was alleged that Dr. Peter J. Demartino was negligent
in his follow up care to Mr. Ward. Ward died in 2006, approximately 4
months after he had been taken to Mount Auburn Hospital by ambulance for
complaints of chest pains.

According to court documents, the medical personnel at the hospital could
not determine that he was actively having a heart attack, but the possibility
of other cardiovascular problems was not ruled out. Upon his release,
Dr. Demartino advised Mr. Ward to quit taking aspirin-a blood thinner
typically used by at risk heart patients. He also did not recommend that
Mr. Ward to consult with a cardiologist.

In light of this evidence, the Middlesex County Court’s jury ruled
that Dr. Demartino was guilty of being "negligent in his care and
treatment" in Ward’s case. The base award that they gave was
$3.74 million in damages, plus interest. By the time everything is said
and done, the award could be worth $5.8 million in damages plus interest.

The blame in this case lies squarely on the shoulders of the doctor. While
the medical personnel ruled out the possibility that Mr. Ward was actively
having a heart attack, Mr. Ward was still potentially at risk for other
cardiovascular accidents. There is no reason whatsoever for the doctor
to encourage Mr. Ward to stop taking aspirin, especially in light of having
been rushed to the hospital for chest pain. Even further, it is extremely
negligent for a doctor to not refer a patient to a specialist when they
are dealing with an issue outside of their specialty.

While the award will never bring Mr. Ward back to his family, the jury
decided correctly in this case, and it should be noted that the same jury
found that a different doctor had not been negligent in how he treated Mr. Ward.

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their practice in the following fields: Maryland Birth Injury, Maryland
Cerebral Palsy, Maryland Brain Injury, Maryland Spinal Cord Injury, D.C.
Birth Injury, D.C. Cerebral Palsy, D.C. Brain Injury, D.C. Spinal Cord
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